Appeal 2007-1168
Application 10/211,407
122, 124 (CCPA 1943) (would the prior art have suggested doing the thing
which the appellant has done?)
Claims 1 and 6–10
Claim 1 covers a fibrous blanket material comprising a first layer
having fibers with an average diameter between about 10.0 and about
30.0 microns that is bonded by means of heat, spray adhesive, or both, to a
layer, about 0.0127 cm to about 0.254 cm thick, of meltblown polypropylene
fibers. Claim 1, and claims 6–10, do not limit the thickness of weight per
unit area of the "first layer." The composition of the first layer is limited to
natural fibers, a set of specified artificial fibers, and blends thereof. None of
the claims on appeal limit the distribution of the bonding between the layers.
Tilton does not contest the Examiner's rejection except with respect to
the limitations of claim 1. Claims 6-10 will thus stand or fall with claim 1.
Tilton does not dispute that Lutzow describes a fibrous blanket material
comprising a first fibrous layer of nylon and polyester fibers having a
diameter ranging from about 1 to 25 microns, which substantially overlaps
the range of about 10.0 to about 30.0 microns recited in claim 1. Nor does
Tilton dispute that Lutzow describes a layer of meltblown polypropylene in
that blanket, as well as a second fibrous layer sandwiching the meltblown
polypropylene layer. Similarly, Tilton does not dispute that Sorrick
describes a meltblown polypropylene layer weighing about 1.0 ounces per
square yard, thus meeting the further limitations of claims 6 and 7.
Rather, Tilton argues that Sorrick does not describe a layer of
meltblown material 0.04 to 0.07 cm thick in the final processed filter
medium. We reject this argument for the following reasons. Sorrick
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